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A witness who is unable to speak gives intelligible evidence by signs in open court. How does the…

Under section 125 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 119 of the Indian Evidence Act, 1872), a witness who cannot speak may communicate by writing or…

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A witness who is unable to speak gives intelligible evidence by signs in open court. How does the Bharatiya Sakshya Adhiniyam, 2023 classify this testimony?

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Answer and explanation

Correct answer A

Under section 125 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 119 of the Indian Evidence Act, 1872), a witness who cannot speak may communicate by writing or signs in open court. The evidence is deemed oral evidence. If the witness cannot communicate verbally, the court must use an interpreter or special educator to record the statement and must have the statement videographed.

Option feedback

Option A

Section 125 deems evidence given in this manner to be oral evidence.

Option B

Section 125 treats the signs as a method of giving oral evidence.

Option C

Under section 125, this testimony is deemed oral evidence.

Option D

Oral evidence is the classification specified by section 125.

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